Legal Question in Employment Law in India

Termination of Job

I am working in a MNC organisation is the private banking division. I have a team of three RMs reporting into me.In the last quarter of 2008 our revenue numbers were very low becasue the stock market was very bad. Hence for not meeting targets I was put on performance improvement plan. The PIP memeo was dated 3rd jan,2009 was communicated to me by my boss on 26th of Jan . However again in this quarter one of the employeee was not present becasue of maternity leave . The other RM was down with chicken pox for 25days and the number three was dons with lings problem for a month. I alone was there and hence inspite of my bet efforts I could meet only 68% of my target . Hence becasue of not meeeting 80% of target I was asked to go. Iam working for these bank since JUly,2006. I offer to tender my resignations but they inssited on termination . I was forced to sign on the termination letter. The Hr called me from Kolkata to Mumbai on the pretext of taking feedbacks of my boss and why the region is faroing badly. They ultimately doled out the same to me. They are going to give three months salary. I get around 70K net of tax. What should I do now?? termination is jeopardising my future job prospects. Iam in a dilemma.Pls guide.


Asked on 4/25/09, 5:51 am

4 Answers from Attorneys
Fahri Toga TOGA//OKSUZ

Re: Termination of Job

We think that we can help you to solve your affairs forthwith, please send us your documents or write an detailed e-mail in order to notify the circumstance. We checked over the documents thereafter, we will return your added phone number,e-mail or address,as soon as.

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Answered on 4/28/09, 3:09 am
Sunil Goel S.G. SOLICITORS

Re: Termination of Job

One will have to go through your employment agreement. Generally, the MNCs have a clause for arbitration, in their agreements, in case of disputes. If there is arbitration clause in your employment agreement, you may invoke the arbitration and challange your termination before the arbitrator and raise other claims, if any, on account of such termination or on account of other events of your employment. If there is no arbitration clause, then you may file suit for declaration and injunction in the court.

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Answered on 4/29/09, 9:15 am
Pranav Desai PD Legal & Associates

Re: Termination of Job

Try to settle this issue amicably as you may not have a reason to go to court.

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Answered on 4/27/09, 8:21 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Termination of Job

There may hardly be any legal remedy for your situation unless you could establish violation of the contract of your employment?

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Answered on 4/25/09, 2:30 pm


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